A. All provisions of a declaration shall be deemed severable, and any unlawful provision
of the declaration shall be void.
B. No provision of a declaration shall be deemed void by reason of the rule against
C. No restraint on alienation shall discriminate or be used to discriminate on any
basis prohibited under the Virginia Fair Housing Law (§ 36-96.1 et seq.).
D. Subject to the provisions of subsection C, the rule of property law known as the
rule restricting unreasonable restraints on alienation shall not be applied to defeat
any provision of a declaration restraining the alienation of lots other than such
lots as may be restricted to residential use only.
E. The rule of property law known as the doctrine of merger shall not apply to any
easement included in or granted pursuant to a right reserved in a declaration.
F. The declarant may unilaterally execute and record a corrective amendment or supplement
to the declaration to correct a mathematical mistake, an inconsistency, or a scrivener's
error or clarify an ambiguity in the declaration with respect to an objectively verifiable
fact, including recalculating the liability for assessments or the number of votes
in the association appertaining to a lot, within five years after the recordation
of the declaration containing or creating such mistake, inconsistency, error, or ambiguity. No such amendment or supplement may materially reduce what the obligations of the
declarant would have been if the mistake, inconsistency, error, or ambiguity had not
occurred. Regardless of the date of recordation of the declaration, the principal officer
of the association may also unilaterally execute and record such a corrective amendment
or supplement upon a vote of two-thirds of the members of the board of directors. All corrective amendments and supplements recorded prior to July 1, 1997, are hereby
validated to the extent that such corrective amendments and supplements would have
been permitted by this subsection.
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